Indian Railways Caterers Association . Through Secretary vs. Union Of India Through T He Ministry Of Railways Through The General Manager
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| ITEM NO.53 | COURT NO.7 | SECTION IX | |||||||
| S U P R E M E C O U R T O F<br>RECORD OF PROCEEDINGS | I N D I A | ||||||||
| I.A. NO.3/2016 IN<br>Petition(s) for Special Leave to Appeal (C) | No(s).<br>3249/2016 | ||||||||
| (Arising out of impugned final judgment and order dated<br>in WP No. 3044/2015 passed by the High Court Of Bombay) | 28/10/2015 | ||||||||
| INDIAN RAILWAYS CATERER'S ASSOCIATION & ANR. | Petitioner(s) | ||||||||
| VERSUS | |||||||||
| UNION OF INDIA AND ORS. | Respondent(s) | ||||||||
| (With appln. (s) for exemption from filing c/copy as well as plain<br>copy of the impugned order, exemption from filing O.T., stay and<br>office report) | |||||||||
| Date : 13/05/2016 This petition was called on for hearing today. | |||||||||
| CORAM :<br>HON'BLE MR. JUSTICE RANJAN GOGOI<br>HON'BLE MR. JUSTICE PRAFULLA C. PANT | |||||||||
| For Petitioner(s)<br>For Respondent(s) | Mr.<br>Mr.<br>Mr.<br>Ms.<br>Ms.<br>Mr. | Raju Ramachandran, Sr. Adv.<br>Parthiv Goswami,Adv.<br>Kaustav Talukdar, Adv.<br>Diksha Rai,Adv.<br>Mythili Vijay Kumar Thallam, Adv.<br>Vikram Aditya Narayan, Adv. | |||||||
| Mr.<br>Ranjit Kumar, Solicitor General<br>Mr.<br>Zoheb Hossain, Adv.<br>Mr.<br>Abhinav Mukherjee, Adv.<br>Mr.<br>Shreekant N. Terdal,Adv. | |||||||||
| Mr. Nikhil Majithia, Adv. | |||||||||
| UPON hearing the counsel the Court made the following<br>O R D E R | |||||||||
| Signature Not Verified | Application | for | exemption | from | filing | ||||
| Reason: | Digitally signed by<br>NEETU KHAJURIA<br>Date: 2016.05.13<br>17:42:06 IST | official translation is allowed. | |||||||
| We<br>have | heard | Shri | Raju | Ramachandran, | |||||
| learned | 2 | senior | counsel | for | the | ||||
| applicant-petitioners | and | Shri | Ranjit | Kumar, | |||||
| learned Solicitor General. | |||||||||
| We have taken into account the reports of | |||||||||
| analysis | of | the | packaged/bottled | water | with | the | |||
| brand | name | 'Rail | Neer' | filed | along | with | this |
application, which would go to show that the analysis of the samples were found to be sub-standard and not in conformity with the required parameters. The details of such analysis are mentioned in the said reports.
We have also considered the reply filed on behalf of the Indian Railway Catering & Tourism Corporation Limited (I.R.C.T.C.) and the counter reports filed along with it which indicates a contrary position.
We have also taken note of the submissions advanced by the learned Solicitor General that insofar as one sample is concerned, the same was analyzed after the date of expiry of the product, which fact is, however, disputed by the applicants-petitioners.
Taking into account the totality of the said facts, we direct that the operation of the circulars bearing No.BB C.159 CO Catg. Policy PDW 3 dated 13th October, 2015 and 17th October, 2015 will not come in the way of the catering/vending licensees in Mumbai Division to stock up and deal with other brands of packaged/bottled water, in addition to 'Rail Neer', such of which are approved by the zonal railways.
This order will remain in effect until the next date fixed, i.e. 5th July, 2016.
Counter affidavit(s) by the respondents in the special leave petition be filed on or before the next date.
List the matter on 5th July, 2016.
(Neetu Khajuria) (Asha Soni) Sr.P.A. Court Master